POLITICAL PARTIES: LESSONS FROM INDIAN DEMOCRACY ROLE OF POLITICAL PARTIES IN DEMOCRACY PRESENTATION BY THE CHIEF ELECTION COMMISSIONER OF INDIA, SHRI NAVIN B. CHAWLA AT THIMPHU, BHUTAN ON 27.10.2009. Their Excellencies the Chief Election Commissioner of Bhutan, Dasho Kunzang Wangdi, Dasho Chogyal Dago Rigdzin and Aum Deki Pema. It is a privilege and honour for me to address this distinguished audience today on the subject of Political Parties Lessons from Indian Democracy. Before I undertake to do so, I have to say how inspired I have been by the keynote address of H.E. Prime Minister Jigme Thinley on the subject of Deepening and Sustaining Democracy in Asia which he delivered recently at Paro, reflecting on the first parliamentary election and the enactment of your Constitution to make you the world s youngest democracy, but more uniquely a democracy that came about by persuasion and persistence of His Majesty the Fourth King Jigme Singye Wangchuck. The transition from monarchy to parliamentary democracy was gradual and planned, culminating in the parliamentary elections of 2008. It was a planned, peaceful and orderly transition. An important link, a link between the past and the 1
present, is the continuing concept of Gross National Happiness and the desire to incorporate GNH in both governance and development. While I will deliberate on the subject at hand, I would also like to leave a paper I recently delivered in Mexico, on the 2009 General Election, which I would hand over to His Excellency the Chief Election Commissioner of Bhutan for the record. I would now list historically the salient points of the role of political parties since India gained Independence in 1947. The existence of political parties was implicit and inevitable in the parliamentary system that the Constitution of India adopted for our country. However, the Constitution of India, as originally enacted in 1950, made no mention of political parties anywhere in it. The constitutional recognition by political parties was made for the first time in 1985 when the Tenth Schedule was added to the Constitution to curb defections. The Election Commission, however, recognized the existence of political parties from the time of the very first General Elections in 1951-52, as the electoral system that was envisaged for the country could not function without the participation of political parties. For the purposes of the first General Election, on the basis of the claims put by 29 parties for recognition as national parties,, 2
the Commission gave interim recognition to 14 of them as multi state parties after holding a conference in New Delhi on 30 th July, 1951. Of them, the Indian National Congress, Socialist Party, Communist Party of India,, All India Bhartiya Jan Sangh, Revolutionary Socialist Party were the prominent parties (which are still functioning today either in the old names or some changed name). In addition, 59 other parties were given recognition as State Parties. This interim recognition to political parties was given by the Commission under Article 324 of the Constitution read with a provision in the Conduct of Elections Rules that every candidate at an election in a parliamentary or assembly constituency shall be allotted a different election symbol. The Commission evolved the Symbol System as a very large percentage of Indian electors (about 84%) was illiterate and they had to be enabled to identify the political parties without difficulty while exercising their franchise based on universal adult suffrage. After the first General Elections in 1951-52, the Commission had statistical information showing the political support enjoyed by the above mentioned 14 multi-state parties and 59 state parties. The Commission fixed the criteria of 3% votes for continued recognition of national parties at national level, and State parties at State level. On that basis, only 4 parties, namely, Indian National Congress, Communist Party of India, 3
Bhartiya Jan Sangh and Praja Socialist Party(formed by the merger of Socialist Party and Kisan Majdoor Praja Party) were eligible for recognition as multi-state parties and 19 parties as State parties. After the 1967 general election, this criteria was revised to 4% votes for continued recognition of national parties. Promulgation of Election Symbols (Reservation and Allotment) Order, 1968 In 1968, the Election Commission of India decided to codify the provisions relating to functioning of political parties. On 31 August, 1968, it promulgated an Order, called the Election Symbols (Reservation and Allotment) Order, 1968, under Article 324 of the Constitution. This Order for the first time provided for registration of political parties by the Election Commission. It also provided for their recognition on the basis of their poll performance at the general elections. Upto 1989, the registration of political parties was done by the Commission under the said Symbols Order. However, in 1989, Parliament inserted a new section 29A in the Representation of the People Act, 1951 to provide that the registration of political parties will be done by the Commission, not under the Symbols Order, but under the said section 29A. The only additional condition prescribed under the law for registration was that every political party must include in its constitution/bye- laws 4
an undertaking that it shall bear true faith allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India. However, the recognition of political parties by the Election Commission still continues to be governed by the provisions of the said Symbols Order, 1968. The Symbols Order, apart from the recognition of the political parties, also reserves the power in the Commission to decide disputes relating to splits and mergers of recognized political parties. While deciding disputes relating to splits in the recognized political parties, the Commission looks into the majority support of the rival groups, enjoyed by them both in the organizational and legislative wings of the party. [The test of numerical strength applied by the Commission has been judicially recognized by the Supreme Court of India in Sadiq Ali vs Election Commission of India (AIR 1972 SC 87)]. In the case of mergers of two or more political parties, the Supreme Court has laid down that the decision should be taken with the consent of the general members at the grass root level, as the merger amounts to signing the death warrant of the party [ see All Party Hill Leaders Conference vs Capt. William Sangma ( AIR 1977 SC 2155)]. The Supreme Court set aside the merger. 5
Conditions for registration The applicant party must (a) have at least 100 members, who are citizens of India and are registered as electors in the electoral rolls of any parliamentary or assembly constituency, (b) have a written constitution/bye-laws incorporating the above mentioned undertaking, (c) apply for registration within 30 days of its formation, (d) furnish individual affidavits from all members that they are not members of any other political party, and (e) deposit Rs. 10,000/- as the processing fee (which is nonrefundable). Membership of the party should be open to all adult Indian citizens, without any restriction with regard to religion, caste, creed or sex. Its name should not have any resemblance with any already registered party, so as to avoid any confusion in the minds of the electors. Conditions for recognition The Symbols Order makes provisions for recognition of registered political parties as National and State Parties. This recognition is granted on the basis of poll performance of parties at general elections to Lok Sabha and State Legislative Assemblies. (Poll performance at bye elections is not reckoned for the purposes of such recognition). 6
Conditions for recognition as National Parties are specified in Para 6B and for recognition as State Parties in Para 6A of the Symbols Order. Briefly, the party should secure at least 6% votes plus at least 2 MLAs or I MP (Lok Sabha) for recognition as State Party, and if so recognized in 4 or more States, it is recognized as National party. Alternatively, a party can also be recognized as State party if it wins at least 3% seats in State Legislative Assembly or 4% seats in Lok Sabha from the State concerned. For recognition as National party, the party should, alternatively, secure at least 2% seats in Lok Sabha who should be elected from at least 3 States. There is no recognition for a political party as National or State Party in perpetuity. A party once recognized has to fulfill the prescribed conditions at every general election and, therefore, its poll performance is reviewed by the Commission after every general election. For a recognized National Party, an exclusive election symbol is reserved for its candidates throughout India. For a recognized State Party, an election symbol is reserved for its candidates in the state in which it is recognized. However, the party can use its reserved symbol in other states with the prior permission of the Commission at any election. Recognition of a party as a National or State Party carries with it certain facilities and privileges, like, free air time on 7
Doordarshan/AIR at the time of elections, free electoral rolls for the party as well as for its candidates. Finances of Political Parties Political Parties are free to raise their own funds through subscriptions/donations from their members and other individuals. Companies (other than govt. companies) can also make contributions to political parties, subject to 5% of their average net profit for the last three years. All donations made by companies or individuals to political parties are exempt from Income Tax, both in the income of recipient political party as well as of the company/individual making the donation. Political Parties cannot, however, receive any donations from foreign sources (including foreign organizations, companies, individuals, etc.) Expenditure incurred by political parties is not subject to any prescribed limit. The expenses incurred by them for general party propaganda are not included in the limit of election expenses of candidates set up by them. Even the traveling expenses of office bearers of the party (40 in the case of recognized party and 20 in the case of registered party) whose names are communicated to the Election Commission at every election are also not included in the election expenses of the candidates for whom they campaign. 8
EXPERIENCE IN THE INDIAN CONTEXT The law in India regarding registration of political parties as it stands at present, does not provide for any conditions for retaining the registration over a period of time. Once registered, there is no express provision in the law to review the registration, except where a Party is dissolved or ceases to function/exist. To this extent, the registration, once granted, continues without any audit in terms of the electoral activity or mass support for the Parties. Ideally, there should be express provisions linking continuance of registration to some minimum standard of poll performance/electoral support at future elections. The Parties should be required to publish their duly audited accounts annually for information of the public. This will encourage more transparency, accountability and discipline within the Political Parties. MODEL CODE OF CONDUCT Model Code of Conduct is a unique set of guidelines adopted and evolved with the consensus of the Political Parties, as a self-imposed code for their functioning and conduct during the election period. The Model Code which had its origin in an initiative taken in the Southern State of Kerala in the early Sixties when the Administration in the State got the Political Parties in the State to discuss and adopt a 9
set of guidelines to be followed during the election. The Code has evolved since then and took the shape of a formal document about two decades later. The MCC comes into force the moment the Election Commission of India announces the schedule for election. The Code continues to be in force till the completion of the election concerned. The fact that the Model Code is not on the statute book, and continues to be a set of voluntarily accepted guidelines for the Political Parties, the absence of legal backing has not diminished its sanctity in any manner. The Election Commission intervenes in the event of violation of the Code, and in almost all cases, the violation is quickly addressed and retracted to the satisfaction of all stakeholders. It goes to the credit of the large number of Political Parties in India that they have almost overwhelmingly been respecting and observing the Model Code of Conduct at every election. 10